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Florida amends its UI rules regarding emergency unemployment compensation

Florida has amended the rules under its Unemployment Compensation Law as follows:

Emergency unemployment compensation-eligibility. New language has been added to create an exception to the exhaustion requirement. The rules now provide that an individual will not be ineligible for emergency unemployment compensation (EUC) at the expiration of a qualifying benefit year during which he or she has earned sufficient wage credits to establish monetary eligibility if: he or she has established entitlement to EUC with respect to that qualifying benefit year; his or her qualifying benefit year expired on or after July 23, 2010; he or she has remaining entitlement to EUC with respect to that benefit year; and the weekly benefit amount established under the new benefit year is at least either 25% or $100 less than the weekly benefit amount for the qualifying benefit year.

If an individual satisfies the above requirements, he or she will have a new benefit year, but will not receive payment of regular unemployment compensation until all EUC payable has been exhausted. Note, such benefits will be suspended if the Agency learns that the individual has earned income in another state or states that make him or her eligible for regular unemployment compensation in that state. The suspension will be lifted if the individual files a claim for benefits with the other state and other state determines that the individual’s weekly benefit is at least either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida; or if the other state does not communicate its determination regarding the individual’s entitlement within 28 days. Note, if the claimant’s weekly benefit amount for a claim in the other state is greater than either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida, the Agency will cease paying on the EUC claim. If at the time the regular unemployment compensation claim in the other state is exhausted, the individual is still entitled to EUC benefits, the Agency will resume payment of those benefits.

Individual accounts. Tier One benefits may now be paid only where the individual’s unemployment compensation benefits are exhausted by the week ending November 20, 2010. Prior rules placed the deadline at May 22, 2010. For Tiers Two, Three and Four, requirements that had to be met by May 29, 2010, now must occur by the week ending November 27, 2010. Language providing that no compensation will be payable for any week beginning after November 6, 2010, has been changed so payments will not be made after April 30, 2011.

Applying for emergency unemployment. Forms are now available at Forms, their names and identification numbers have been updated. In addition, new language has been added providing that notice of ineligibility will be mailed to the claimant on a Form AWI-UCB11-I EUC (10/09).